Dáil Éireann Debate, Thursday - 4 December 2025
405. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality if her Department has received any internal warnings, correspondence or briefing notes in the past three years that raised concerns about governance failures or safeguarding risks within subcontracted private care providers and to list the number of such items by year. [68842/25]
Amharc ar fhreagra408. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the number of cases in the past three years where her Department escalated concerns to Tusla regarding the operation of subcontracted private residential centres including the issues escalated and the timeframe in which responses were sought. [68845/25]
Amharc ar fhreagra410. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality the number of governance or safeguarding concerns relating to subcontracted private care providers that were escalated to her Department in each of the past three years and the actions her Department took in response. [68847/25]
Amharc ar fhreagra414. Deputy Ken O'Flynn asked the Minister for Children, Disability and Equality if any red flags or internal warnings have been issued to senior management within her Department regarding the oversight of subcontracted private residential care providers and the matters that prompted such warnings. [68851/25]
Amharc ar fhreagraI propose to take Questions Nos. 405, 408, 410 and 414 together.
Tusla, the Child and Family Agency, has responsibility for the delivery of child protection and alternative care services in the State, and there are provisions under the Child and Family Agency Act 2013 that provide the basis for Tusla to enter into arrangements with private providers. The Child Care Act 1991, which is the primary piece of legislation governing alternative care and child protection in Ireland, is a wide-ranging piece of legislation, that at its core seeks to promote the welfare of children who may not be receiving adequate care and protection.
Consequently, the Act sets out a detailed statutory framework, which includes but is not limited to provisions requiring Tusla to have regard to the best interests of the child, the criteria for bringing children into care, the types of placements where they may be placed, and the responsibilities of the State to children in alternative care. The child protection and welfare landscape in Ireland has changed greatly since the Act’s commencement, and there are areas of the legislation that require updating to reflect this, our improved understanding of children’s rights, and to allow for positive practice developments to be enshrined in law where needed. In 2023, following a comprehensive review of the Child Care Act 1991, the General Scheme of a Bill to amend the Act was published. This is turn has led to the drafting of amending legislation which will update parts of the 1991 Act, which is soon to be published.
The placement of children in alternative care is also governed by Regulations and Standards for Foster Care, Residential Care, and Special Care. These Regulations and Standards set out the detailed criteria against which Tusla is inspected, in its provision of alternative care services. The application of these Regulations and Standards promotes safe and high-quality practice in alternative care. Tusla’s Alternative Care Inspection and Monitoring Service (ACIMS) manages the registration and inspection of non-statutory Children’s Residential Services, as well as non-statutory Foster Care agencies. The Department of Children receives Tusla’s Alternative Care Inspection Monitoring inspection reports. Reports that are considered significantly non-compliant are reviewed to identify any practice issues which can be escalated where deemed necessary.
Tusla has indicated that it is facing significant and ongoing challenges in sourcing appropriate placements for children in the care of the State or being accommodated by Tusla, due to a number of factors, including difficulties in maintaining the number of foster carers; increasing complexity of the needs of children; increased numbers of Separated Children Seeking International Protection (SCSIP) entering the State. In Budget 2026, Tusla will receive an increase of €165 million bringing its funding to over €1.3 billion, with significant investment in foster care and residential care over successive budgets in the last number of years.
When residential care and foster care placements are unavailable, a Special Emergency Arrangement (SEA) is used to ensure an immediate place of safety. Where children are placed in SEAs, Tusla has a number of safeguards in place:
• Tusla has advised that it has internal processes in place for the approval, placement and governance of Special Emergency Arrangements to mitigate risk and promote the safety and wellbeing of young people.
• Tusla has developed Standard Operating Procedures for these placements, which detail extensive checks that any prospective Special Emergency Arrangements provider must adhere to, including in relation to records management and staff vetting.
• Tusla has advised that all Special Emergency Arrangements providers are vetted by the Central Compliance Unit of Tusla, the unit ensures that Garda vetting and appropriate qualifications are in order before any child is placed with a prospective provider.
• Tusla has created a centralised database of staff screening information related to each provider of Special Emergency Arrangements which provides assurance on the vetting, qualifications and experience of staff employed by organisations providing care on its behalf.
• Young people in Special Emergency Arrangements are visited weekly by a social worker or delegated person to have their voice heard and check on the care being provided. Tusla has advised that ACIMS has met and actively engaged with current SEA providers on the process of registering their centres. Since May 2024, 18 SEA providers, encompassing 29 centres have successfully registered a centre with the ACIMS. There are 5 active applications and ACIMS anticipates some of these applications may achieve registration by year end.
The Department of Children, Disability and Equality regularly receives correspondence from a variety of sources, including from the Child and Family Agency, key stakeholders, elected representatives, and members of the public, some of which includes concerns regarding providers. Correspondence can be in relation to wide variety of topics, from queries regarding registration and location of centres, to complaints about individual services and members of staff. The Department engages on these matters in a variety of different ways, including through established fora, bilateral engagements with the Child and Family Agency, and engagements with other stakeholders.
The Government is committed to supporting the provision of high quality and safe services to children in care, which will help them to reach their full potential. Officials in my Department meet regularly with their counterparts in Tusla at the highest levels to discuss a range of issues, including availability of placements, workforce planning and interagency issues, with a view to supporting the continuous improvement of services delivered to children in care.
I will continue to engage closely with relevant stakeholders, including Tusla, to improve the delivery of high quality care to children and young people.
